[HISTORY: Adopted by the Mayor and Council of the Borough
of Folsom 2-14-2007 by Ord. No. 02-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 187.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Folsom, Atlantic County, New Jersey.
Any person who operates a taxicab within the Borough.
Transporting in a taxicab one or more persons for hire along
any of the streets in the Borough from a place within the Borough
to a place within the Borough or outside the Borough.
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles or who appears in such
record to be the conditional vendee or licensee thereof.
Any street, road, highway or public roadway of any kind.
Any automobile or motor car, commonly called a "taxi," "cab,"
or "hack," engaged in the business of carrying passengers for hire
or which is held out, announced or advertised to operate or run or
which is operated or run over any of the streets within the Borough
and which accepts passengers for transportation from places within
the Borough to places within or without the Borough, provided that
nothing herein shall include buses or designated routes or other public
conveyances as are by law exclusively subject to state or federal
regulation or which are operated by a governmental entity.
The Borough Clerk is hereby authorized to issue licenses to
qualified applicants who apply to the Clerk and pay the required fee
on the following conditions:
A.
Every owner shall make application for a license or renewal thereof,
which shall be in writing and filed with the Borough Clerk and which
shall set forth:
(1)
The type of motor vehicle and the name of the manufacturer or the
popular name thereof.
(2)
The New Jersey license number of the motor vehicle.
(3)
The seating capacity of the motor vehicle according to its factory
rating.
(4)
The name, age, residence, and business address if the applicant is
a natural person; if a corporation or other entity, the name, date
and place of formation and place of business, and the names and addresses
of each individual with a direct or indirect interest in the applicant.
(5)
The signature of such person making such application, which signature
shall be notarized.
B.
The applicant shall pay an annual license fee of $75 for each taxicab
license.
C.
Each application shall be accompanied by a certificate of insurance.
The insurance coverage shall be written by an insurance company authorized
to transact business under the laws of the State of New Jersey. Such
policy shall provide coverage in an amount not less than $500,000
for liability for damages on account of bodily injury or death suffered
by one person and in the sum of $1,000,000 on account of bodily injury
or death suffered by more than one person and in the sum of $100,000
for personal property damage. Such license shall continue to be effective
only so long as said insurance policy shall remain in full force and
effect.
D.
No license or license renewal shall be issued by the Borough Clerk
until the application has been approved and its issuance authorized
by an appropriate resolution of the Mayor and Council of the Borough.
The Mayor and Council may, if deemed appropriate, establish
a maximum number of taxicab licenses to be issued in the Borough.
However, if such a limit is established, all existent licenses shall
be renewable until such time, either by revocation or surrender, as
the number shall be reduced to the maximum number established by the
Mayor and Council.
No person shall operate a taxicab within the Borough unless
such person has made an application to the Borough Clerk and obtained
a license upon the following conditions:
A.
Satisfactory proof that such person is currently licensed by the
New Jersey Department of Motor Vehicles and maintains a valid license.
B.
Such person is at least 21 years or older.
C.
Such person is able to read and write the English language and is
a citizen or legal resident of the United States of America.
D.
Furnish such person's full name, address, place of residence
for the preceding five years, age, height, physical description, place
of birth, whether such person has ever been convicted or pled guilty
to any crime, whether such person's driver's license has
ever been revoked, and whether such person during the preceding three
years has been convicted of or pled guilty to violation of any of
the provisions of the motor vehicle laws of New Jersey, setting forth
the full details of any such conviction or guilty plea.
E.
No license or license renewal shall be issued by the Borough Clerk
until the application has been approved and its issuance authorized
by an appropriate resolution of the Mayor and Council of the Borough.
F.
The applicant shall pay an annual license fee of $25.
If an applicant for a taxicab owner's license or a taxicab
driver's license holds a valid license from another municipality
in Atlantic County, a copy of such license and the application for
such license shall be provided to the Borough Clerk at the time of
application for a license from the Borough. If such an applicant has
ever had a license revoked or suspended by another municipality, full
details of such revocation or suspension shall be provided at the
time of application to the Borough; and in the event such a revocation
or suspension takes place while a Borough license is held, the Borough
shall be immediately notified of such revocation or suspension and
full details provided to the Borough.
A.
The Borough Mayor and Council, by appropriate resolution, may revoke
or suspend any license granted for any of the following reasons:
(1)
For a violation of any of the provisions of this chapter.
(2)
For a violation of any applicable traffic regulations or the laws
of the State of New Jersey with respect to registration and inspection
of motor vehicles.
(3)
If said taxicab is used and engaged in the violation of any criminal
law.
(4)
Failure to pay any judgment for personal injury or property damage
obtained against the owner.
(5)
If the Mayor and Council reasonably determine that the revocation
or, if appropriate, the temporary suspension of such license would
be in the public interest.
B.
Before any license may be revoked or suspended, the holder of such
license shall be notified of the proposed revocation or suspension
and given an opportunity for a public hearing before the Mayor and
Council.
All licenses issued under this chapter shall expire on the 31st
day of December each year. The fee for any license issued after the
first day of July of each year shall be 1/2 of the full fee.
All licenses are nontransferable. However, upon the substitution
of another vehicle for the vehicle originally licensed, the holder
of the taxicab owner's license may submit substituted information
to the Borough Clerk and shall pay a transfer fee of $10 for the reissuance
of a license.
The owner of each taxicab operating in the Borough shall keep
the taxicab in good running order so that it makes a presentable appearance
and affords comfortable, safe rides to passengers and remains free
from mechanical defects or other defects which would affect the safety
of passengers.
Anyone violating the provisions of this chapter shall be subject
to a fine of not more than $1,000, imprisonment for a term not exceeding
90 days, or a period of community service not to exceed 90 days. Each
and every violation shall be considered a separate violation. In the
event that a taxicab is being operated by someone who does not have
a taxicab driver's license, both the driver and the owner of
the taxicab shall be subject to the penalty provisions set forth herein.